In re David E. Marcus--Appeal from 310th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-09-00702-CV

Case Date: 12/17/2009

Plaintiff: Lucas Coe

Defendant: The State of Texas--Appeal from 232nd District Court of Harris County

Preview:Dismissed and Memorandum Opinion filed September 9, 2010.

In The

Fourteenth Court of Appeals
NO. 14-10-00563-CR LUCAS COE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 1227878

MEMORANDUM

OPINION

This is an attempted appeal of an order quashing a subpoena. Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.--Fort Worth 1996, no pet.). The exceptions include: (1) certain appeals while on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex. Crim. App. 1997); (2) appeals from the denial of a motion to reduce bond,

TEX. R. APP. P. 31.1; McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas corpus relief. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.--Dallas 1998, no pet.); McKown, 915 S.W.2d at 161. An order quashing a subpoena is not a separately appealable order. Because this appeal does not fall within the exceptions to the general rule that an appeal may be taken only from a final judgment of conviction, we have no jurisdiction. Accordingly, the appeal is ordered dismissed. PER CURIAM

Panel consists of Justices Anderson, Frost, and Brown. Do Not Publish -- TEX. R. APP. P. 47.2(b).

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